'Adult Wife Cannot File Rape Case Against Husband In Valid Marriage': Rajasthan HC

Jaipur, May 18: The Jaipur Bench of the Rajasthan High Court quashed two FIRs of rape filed by wives against their husbands in two separate cases. The court of Justice Anoop Dhand held that, in the existence of a valid marriage, an adult wife cannot register a case of rape against her husband.

The court observed, “It is precisely because of such cases that litigation becomes protracted, leading to delays in the delivery of justice. Justice delayed is akin to justice denied.”

Court quashes FIR in inter-caste marriage case

The ruling came in a case involving a couple from Jaipur who had entered into an inter-caste marriage when the wife was 18 years old. Following a domestic dispute between the two, the matter reached the Family Court, where the wife filed a divorce petition.

Upon failing to obtain a divorce from the Family Court, both parties approached the High Court. In the interim, the wife filed a rape case against her husband, accusing him of blackmailing her into signing documents for the registration of their marriage.

Noting that the marriage was entered into with mutual consent, the court observed, “It appears that the FIR was lodged because the inter-caste marriage did not have the approval of the family.” Quashing the FIR, the court held that a case of rape was not made out.

Contradictory FIRs questioned by court

Meanwhile, in the second case, a young couple had married in 2020 under the rites of the Arya Samaj. The wife filed one FIR against her husband alleging rape and another alleging dowry harassment.

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Upon noting the existence of two separate FIRs — one for rape and another for dowry harassment — arising from the same set of circumstances, the court observed: “An allegation of rape implies that the victim is not the wife. Conversely, a case of dowry harassment can only be registered by a person in the capacity of a wife.”

The court further stated that abuse of the legal process through the filing of contradictory FIRs cannot be permitted.

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